Terms of service

JOBBER FIELD GEAR MERCHANDISE STORE TERMS OF SERVICE

Last Updated Date: March 9, 2026

The following Jobber Field Gear Merchandise Terms of Service (these "Terms") contain the terms and conditions applicable to your access to and use of www.jobberfieldgear.com and any subdomains used in connection with or related to the same (the "Store"), and to your purchase of physical merchandise products offered through the Store. The Store is operated by Jobber Software (US) Inc., a Delaware corporation (“Jobber,” "we," "us," or "our"), with its principal place of business at 1209 N Orange Street, Wilmington , DE 19801.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE STORE OR PLACING AN ORDER.

THESE TERMS APPLY SOLELY TO YOUR ACCESS TO AND USE OF THE STORE AND YOUR PURCHASE OF PHYSICAL MERCHANDISE THROUGH THE STORE. THESE TERMS ARE INDEPENDENT OF, AND DO NOT AMEND, SUPPLEMENT, REPLACE, OR OTHERWISE AFFECT, ANY MASTER SERVICE AGREEMENT, TERMS OF SERVICE, SUBSCRIPTION AGREEMENT, ORDER FORM, OR OTHER AGREEMENT GOVERNING JOBBER’S SOFTWARE PRODUCTS OR SERVICES. ANY CLAIM, REFUND REQUEST, CHARGEBACK, DISPUTE, OR REMEDY RELATING TO MERCHANDISE PURCHASED THROUGH THE STORE MUST BE BROUGHT SOLELY UNDER THESE TERMS AND MAY NOT BE USED TO OFFSET, REDUCE, SUSPEND, TERMINATE, RESCIND, OR OTHERWISE AFFECT ANY FEES, OBLIGATIONS, RIGHTS, OR REMEDIES UNDER ANY AGREEMENT RELATING TO JOBBER’S SOFTWARE PRODUCTS OR SERVICES.

PLEASE BE AWARE THAT SECTION 7 OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, EXCEPT FOR LIMITED EXCEPTIONS EXPRESSLY SET OUT IN SECTION 7, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE STORE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE JURISDICTION SET OUT IN SECTION 8.

By accessing the Store or placing an order for merchandise, you agree to be bound by these Terms. If you do not agree, you should not use the Store or purchase merchandise from it. These Terms contain the entire terms applicable to your use of the Store and supersedes any prior agreements or understandings relating to the subject matter of these Terms. Before placing an order, if you have any questions regarding these Terms, please e-mail support@getjobber.com. You can review the current version of the Terms at any time here. We reserve the right to update and change the Terms from time to time by posting such updates and changes to the Store. Any updates or changes will be effective as of the date of posting on the Store. You are advised to review the Store, the Terms, our Privacy Policy, Refund Policy and any additional posted service terms from time to time for any updates or changes that may impact you. Your continued use of the Store after any such changes constitutes your acceptance of the revised Terms. We reserve the right to modify, suspend, or discontinue the Store (or any part thereof) at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Store.

  1. Eligibility and General Conditions

    1. If you are an individual, you represent and warrant that you are over 18 years of age, or the age of majority in the jurisdiction in which you reside, whichever is greater, and that you have the legal capacity to enter into this agreement.

    2. If you are acting on behalf of your client, your employer or another entity, you represent and warrant that you have full authority to bind such client, employer or other entity to the Terms.

    3. You represent and warrant that you have the legal authority to agree to these Terms.

    4. You represent and warrant that any information you provide when using the Store or placing an order is accurate and complete.

    5. To make purchases, you may be required to create a customer account through the Store's checkout system. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

    6. You acknowledge and agree that your use of the Store, including information transmitted to or stored by Jobber, is governed by its Privacy Policy.

  1. Intellectual Property

    1. The entire content of the Store, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Jobber, its licensors, or its content suppliers, and is protected by Canadian and international copyright, trademark, and other intellectual property laws. The compilation of all content on the Store is the exclusive property of Jobber and is protected as a collective work under applicable copyright law.

    2. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Store solely for your personal, non-commercial use to browse and make purchases. This license does not include: (a) any resale or commercial use of the Store or its contents; (b) any collection or use of product listings, descriptions, or prices; (c) any derivative use of the Store or its contents; (d) any downloading or copying of information for the benefit of another merchant; or (e) any use of data mining, robots, or similar data gathering and extraction tools.

    3. Jobber names, trademarks, logos, domain names, all related names, logos, product and service names, designs, slogans, and other distinctive brand features are trademarks of Jobber or its affiliates. You must not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Store are the trademarks of their respective owners

    4. You may display, electronically copy, and print portions of the Store solely for the purpose of placing an order. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of the Store, is strictly prohibited without our prior written consent. You agree not to modify, alter, or delete any proprietary notices from materials downloaded or printed from the Store.


  1. Product Orders

    1. You acknowledge and agree that Jobber makes no guarantees with respect to the availability of any particular product displayed on the Store. We reserve the right to discontinue the sale of any product listed on the Store at any time without notice. The prices displayed on the Store are quoted in U.S. dollars, and such prices do not include shipping and handling charges, sales taxes, customs duties, or import fees, if applicable. You are responsible for the payment of any shipping and handling charges, sales taxes, customs duties, or import fees that may apply to your order. You acknowledge and agree that Jobber makes no guarantees with respect to the accuracy and completeness of any content displayed on the Store, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

    2. Your submission of an order constitutes an offer to purchase. We reserve the right to accept or reject any order, in whole or in part, for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraud. An order confirmation email does not constitute acceptance of your order. Acceptance occurs only when the merchandise is shipped and you receive a shipment confirmation.

    3. In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for such product, whether or not the order has been confirmed and your payment method has been charged. If your payment method has already been charged for the purchase and your order is cancelled, we shall issue a refund to your original payment method in the amount of the incorrect price.

    4. We reserve the right to change prices for products displayed on the Store at any time without notice, provided that such changes will not affect orders that have already been accepted and shipped.

    5. We reserve the right to limit quantities of any products or services that we offer and to refuse service to anyone for any reason at any time.

    6. We ship merchandise to addresses within the United States. Shipping to other international destinations may be available as indicated at checkout. Shipping rates and estimated delivery times are displayed at checkout. Delivery estimates are not guaranteed and may be affected by carrier delays, customs processing, weather, or other factors beyond our control. All merchandise purchased from the Store is shipped FOB Origin (Free On Board – Shipping Point). Title to, and risk of loss for, all products passes to you upon our delivery of the products to the carrier at our fulfillment facility. We are not responsible for delays, loss, damage, or theft that occurs after the carrier takes possession of your order. If your shipment arrives damaged or is lost in transit, you must file a claim directly with the shipping carrier. We will provide reasonable assistance with documentation upon request, but resolution of such claims is between you and the carrier. You are responsible for providing an accurate and complete shipping address. We are not responsible for orders shipped to incorrect addresses provided by you, and re-shipment may require payment of additional shipping charges.

    7. Products purchased through the Store may be subject to customs and/or border protection review and may incur import duties, customs fees, brokerage charges, or other assessments imposed by applicable authorities. These charges are your sole responsibility and are not included in the merchandise price or shipping costs. We have no control over these charges and cannot predict their amount. While certain shipments may qualify for duty-free entry under applicable rules, this is not guaranteed and is subject to customs determination. International shipments may be subject to customs inspection and clearance, which may cause delivery delays beyond our estimated delivery times. We are not responsible for any delays caused by customs processing. If you refuse a shipment or a shipment is returned to us due to your failure to pay customs duties, brokerage fees, or other charges, you will be responsible for all return shipping costs and any duties, taxes, or fees we incur. Refunds for refused shipments will be reduced by these costs.


  1. Product Disclaimer

    1. THE STORE AND ALL MERCHANDISE, CONTENT, MATERIALS, AND PRODUCTS AVAILABLE THROUGH THE STORE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

    2. We do not warrant that any merchandise will meet your expectations, that the quality of any merchandise will meet your expectations, or that any errors in product descriptions will be corrected. Any product descriptions, images, or specifications are for identification purposes only and do not create any warranty.

    3. Product colours and appearances may vary due to monitor settings, photography, and manufacturing variations. Such variations do not constitute defects.

    4. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law. Nothing in these Terms affects your statutory rights as a consumer that cannot be waived or limited by contract.


  1. Limitation of Liability

    1. UNDER NO CIRCUMSTANCES SHALL JOBBER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE STORE (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE STORE, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE STORE, OR (F) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE STORE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE STORE. THESE LIMITATIONS SHALL APPLY EVEN IF JOBBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JOBBER’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID FOR THE MERCHANDISE GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    2. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE STORE.

    3. IF YOU ARE A USER FROM NEW JERSEY, THE SECTIONS TITLED “INDEMNIFICATION”, “PRODUCT DISCLAIMER”, AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.


  1. INDEMNIFICATION

    1. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU SHALL INDEMNIFY AND HOLD JOBBER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “JOBBER PARTIES”) HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE BY YOU THROUGH THE STORE AND/OR ANY VIOLATION BY YOU OF THESE TERMS, THE RIGHTS OF ANY THIRD-PARTY, OR ANY APPLICABLE LAW OR REGULATION. Jobber will provide notice to you of any such claim, suit, or proceeding. Jobber reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this provision, and you agree to cooperate with any reasonable requests assisting Jobber’s defense of such matter. You may not settle or compromise any claim against the Jobber Parties without Jobber’s written consent. This provision does not require you to indemnify Jobber for any unconscionable commercial practice by Jobber or for Jobber’s fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact in connection with the Store.


  1. DISPUTE RESOLUTION

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Jobber and limits the manner in which you can seek relief from us.

Notwithstanding this Section 7, Jobber may bring any claims against you in a court of law for Jobber’s collection of any unpaid amounts owed by you under these Terms, and any claims will be governed and interpreted by and under the laws of the jurisdiction set out in Section 8.

  1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Store, to any products sold or distributed through the Store, or to any aspect of your relationship with Jobber, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or Jobber may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). **This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the last updated date of these Terms or any prior version of these Terms.**

  2. Pre-Arbitration Dispute Resolution. Jobber is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@getjobber.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Jobber should be sent to Octopusapp Inc. dba Jobber at Suite 300, 10130 103 Street NW, Edmonton, AB, Canada, T5J 3N9 with a copy to legal@getjobber.com. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Jobber and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Jobber may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Jobber or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Jobber is entitled.

  3. Arbitration Rules and Forum. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under USD $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, Jobber will pay them for you. In addition, Jobber will reimburse all such JAMS’s filing, administrative, hearing, and/or other fees for claims totaling less than USD $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. If the parties are unable to agree on a location, the determination will be made by JAMS. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  4. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Jobber. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

  5. Waiver of Jury Trial. YOU AND JOBBER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Jobber are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 7(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

  6. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the Provincial or Federal Courts located in the Province of Alberta. All other claims shall be arbitrated.

  7. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Suite 300, 10130 103 Street NW, Edmonton, AB T5J 3N9 Canada, within 30 days after first becoming subject to this Arbitration Agreement and by email to Jobber at legal@getjobber.com. Your notice must include your name and address, your Store username (if any), the email address you used to set up your Store account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

  8. Severability. Except as provided in subsection 7(g), if any part or parts of this Arbitration Agreement (other than the subsection (f) above titled “Waiver of Class or Other Non-Individualized Relief”) are found under the law to be invalid or unenforceable, the parties agree to replace such part or parts with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable part or parts, and this Arbitration Agreement will be enforceable as so modified. If any of the provisions of subsection (f) above titled “Waiver of Class or Other Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

  9. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Jobber.

  10. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Jobber makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Jobber at the following address: Suite 300, 10130 103 Street NW, Edmonton, AB T5J 3N9 Canada. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

  11. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.


  1. Governing Law and Venue; Address for Notice

    1. If you are headquartered in or a resident of any country outside of the United States, then these Terms and any action related thereto will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The U.N. Convention on Contracts for the International Sale of Goods will not apply to the Agreement. If you are headquartered in or a resident of any country outside of the United States, then each of the Parties hereby attorns to the exclusive jurisdiction of the provincial and federal courts located in Edmonton, Alberta with respect to any dispute or claim arising out of or in connection with these Terms. Notices may be provided to Jobber at:

Octopusapp Inc.

10130 103 Street NW, #300

Edmonton, Alberta

T5J 3N9

Attn: Legal Department

  1. If you are headquartered in or a resident of the United States, then these Terms and any action related thereto will be governed by and construed in accordance with the laws of the State of New York and the federal laws of United States applicable therein, without regard to conflicts of law principles. The U.N. Convention on Contracts for the International Sale of Goods will not apply to the Agreement. If you are headquartered in or a resident of the United States, then each of the Parties hereby attorns to the exclusive jurisdiction of the state and federal courts located in New York, New York with respect to any dispute or claim arising out of or in connection with these Terms. Legal notices may be provided to Jobber at:

Octopusapp Inc. d/b/a Jobber

100 Fountayne Lane

Lawrence Township, NJ 08648

Attn: Legal Department

  1. Third-Party Services

You acknowledge and agree that:

  1. The Store may rely on or link to services provided by third-parties and even if such third-party is affiliated with Jobber, Jobber has no control over such third-party services and Jobber is not responsible for the practices or policies of such third-parties, all of which have separate privacy and data collection practices, independent of Jobber; and

  2. Such third-party services are only for your convenience and therefore you access them at your own risk.

  3. Prohibitions

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Store or its content:

  1. for any unlawful purpose;

  2. to solicit others to perform or participate in any unlawful acts;

  3. to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  6. to submit false or misleading information;

  7. to upload or transmit Trojan horses, worms, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Store or of any related website, other websites, or the Internet;

  8. to collect or track the personal information of others;

  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;

  10. for any obscene or immoral purpose; or

  11. to interfere with or circumvent the security features of the Store or any related website, other websites, or the Internet or damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data personal information or property. We reserve the right to terminate your use of the Store or any related website for violating any of the prohibited uses.

  12. Term; Termination; Survival

    1. These Terms are applicable to you upon your accessing the Store and/or completing the registration or shopping process. These Terms, or any part of them, may be terminated by Jobber without notice at any time, for any reason. Sections 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12, any outstanding payment obligations, and any other rights or obligations that by their nature should survive, in each case will survive any termination.

  1. Additional Terms

    1. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

    2. Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

    3. Entire Agreement. These Terms, together with our Privacy Policy and any other legal notices published on the Store, constitute the entire agreement between you and Jobber with respect to the Store and merchandise purchases.

    4. Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms or our rights and obligations hereunder at any time without notice to you.